From the Office of Federal Relations at the University of Pennsylvania:

To the Penn Research Community:

August 31 Deadline for Commenting on Disclosure of Research
Data

The Federal Government, through the Office of Management and Budget (OMB),
is seeking comments on how to implement a new law that subjects all research
data, generated in whole or in part through federal funds, to the Freedom
of Information Act (FOIA). On August 11, 1999, OMB published a second notice
in the Federal Register seeking comment on changes to a proposed revision
to OMB Circular A-110, "Uniform Administrative Requirements for Grants
and Agreements with Institutions of Higher Education, Hospitals, and Other
Non-Profit Organizations." The revision to Circular A-110 is the result
of a recent change in the law, authored by Senator Richard Shelby (AL),
that requires OMB to amend Circular A-110 "to require Federal awarding
agencies to ensure that all data produced under an award will be made available
to the public through the procedures established under the Freedom of Information
Act (FOIA)."

As directed by law, OMB published, on February 4, 1999, a Notice of Proposed
Revision. This notice generated several thousand comments concerning the
impact the proposed revision and change in law would have on university-based
research. While OMB received a significant number of comments from universities
and other parts of the scientific community opposing this use of FOIA, it
also received significant numbers of comments from the business community
and regulated industries in support of the rule. The comments received by
OMB also sought clarification on a number of key terms included in the proposed
revision, mainly those of: "data," "published," "used
by the Federal government in developing policy or rules," and cost
reimbursement. Penn filed comments with OMB in response to their Notice
of February 4, citing several concerns, namely: the application of FOIA
to data; the unclear definitions of "data" and "publication";
adequacy of confidential record protection; patent, privacy, and intellectual
property concerns; and, cost reimbursement issues. A copy of the University's
comments can be found at http://www.upenn.edu/almanac/between/OMB2.html;
see also Almanac
March 30, 1999.

In response to the comments received regarding the Notice of February
4, OMB's Notice of August 11, proposes clarifying definitions of "data,"
"published," and "used by the Federal government in developing
policy or rules," and has also provided additional discussion regarding
cost reimbursement. Comments on the clarifying changes are due to OMB by
September 10, 1999, and they intend to publish a final revision on or before
September 30, 1999. While this revision addresses many concerns raised by
the research community there are still serious questions about subjecting
data to the FOIA.

Faculty who are interested in contributing in the development of comments
to be filed by the University are urged to provide their suggestions to
the Office of Federal Relations no later than August 31, 1999. The
links listed below may also provide some useful background information regarding
the proposed revision.

--Carol R. SchemanVice President for Government,Community, and Public Affairs,University of Pennsylvania